Anger over move to cut age of consent in the North

Politicians in the North hit out at the UK government tonight after it decided to reduce the sexual age of consent in the province against the wishes of the Stormont Assembly.

Legislation laid before the House of Commons today by Criminal Justice Minister Paul Goggins reduces the age from 17 to 16 in line with the rest of the UK.

The North has been out of step with the rest of the UK since 1950 when a previous Stormont government increased it.

The age of consent in the Republic is also 17 – although the Irish government is considering change – and the province’s politicians have expressed fears the reduction could encourage sexual predators to cross the border to prey on vulnerable youngsters.

Backed by church bodies they have also voiced concerns about a reduction in moral standards.

Mr Goggins – bolstered by support from organisations such as the NSPCC and Barnardo’s – refused to be swayed.

The reduction in the age of consent was but a small part of a major shake up of legislation covering sexual offences.

Tough new laws aim to better protect children, young people and vulnerable adults with sentences – some up to life imprisonment – greatly increased.

Officials who worked on the drafting of the legislation have expressed concern public attention will be diverted by the focus on the age of consent.

Just a day after a majority of Stormont MLAs signed a motion calling for the age of consent to remain unchanged, reaction to the ignoring of their views was swift.

DUP MLA Jim Wells, vice-chairman of the Ad Hoc committee which recommended the status quo be kept, said: “It is bizarre that, at a time when the Government are raising the age at which one can buy tobacco products in order to protect children, they propose to lower the age of consent in Northern Ireland”.

He said the argument that children were already engaging in sexual activity and the age of consent should reflect that held no water.

“Laws are put in place to protect us. Young people should be protected,” he said.

He expressed extreme concern that direct-rule ministers had ignored the views of the Assembly and majority of politicians in the province.

The DUP, he said, would take their fight to the floor of the House of Commons when the legislation was debated, he said.

The SDLP’s Children and Young People spokesperson, Mary Bradley MLA, expressed grave disappointment the government was not paying heed to local opinion.

She said: “It is frustrating that despite opposition from many local Assembly members that this is still going through the House of Commons.

“Our children and young people need to be protected from all types of sexual abuse and by lowering the age of consent I am concerned that some young people will be taken advantage of or feel pressurised to become sexually active before they are ready.”

Ms Bradley said it would have made sense to keep the current age as it is the same across the border.

“Now we have the ridiculous situation that in border areas we have two different ages of consent and that could be open to abuse.”

The UUP also opposed the age reduction. A spokeswoman said: “We believe that it sends out all the wrong signals at a time when public policy is seeking to reduce underage sexual activity and teenage pregnancy.”

It was not all opposition, the Alliance Party backed the move and Sinn Féin abstained from the recent Stormont vote after hearing Barnardo’s and the NSPCC supported the minister.

Stephen Farry, who chaired the Stormont Ad Hoc committee who investigated the issue – and came out in opposition to the majority, said he supported the reduction.

“I do not believe that there is a compelling reason for Northern Ireland to be out of line.

“The issue is not about encouraging or legitimising sexual activity at an early age, but rather recognising that it is a reality in our society and ensuring that there can be an effective response to a genuine problem without artificial barriers being created.”

Despite the majority opposition, Mr Goggins insisted ploughing ahead and said: “We are certainly not encouraging 16-year-olds to engage in sexual activity. What this is about is defining the age at which a criminal offence takes place even when consent is given.

“Where there is evidence of abuse or exploitation, then the new law will deal with that much more stringently, with many offences designed to protect right up to the age of 18.”

The new legislation means sexual activity involving a child under 13 will always be classed as rape, whether consensual or not, and punishable by a maximum sentence of life imprisonment.

Sexual activity with anyone under 16 carries a sentence with a maximum of 14 years instead of the current two years – and rape and other serious sexual assaults also carry a maximum of life.

The Sexual Offences (Northern Ireland) Order 2008 is expected to pass through the House of Commons by June and be on the statute books before the end of the year.

The minister said the planned changes reflected the North’s position as a mature and modern society and brought sexual offences’ legislation into line with that introduced in England and Wales a few years ago.

Mr Goggins said: “The proposed new law offers a radical overhaul of sexual offences as well as greater protection for children, young people and other vulnerable groups.

“The Order sets out the parameters of acceptable sexual activity in the 21st century and clearly states what the law will not tolerate.

“I am convinced that the changes will offer the people of Northern Ireland a modern legislative framework which will ensure maximum protection from unacceptable sexual activity. It puts Northern Ireland on a par with the rest of the UK.

“Those who break the law will find themselves in court facing very lengthy maximum sentences.”